Opinion
SC2023-1489
12-26-2023
Enrique Diaz, Petitioner(s) v. State of Florida, Respondent(s)
Lower Tribunal No(s).: 131983CF0089070001XX; 131983CF0089080001XX; 131983CF0089100001XX; 131983CF0089730001XX; 131983CF0090600001XX; 131984CF0002560001XX
The petition for writ of mandamus is hereby denied because Petitioner raises the same issue as in Diaz v. State, 2023 WL 6304792 (Fla. Sept. 28, 2023) (unpublished), in which the petition was denied. Cf. Topps v. State, 865 So.2d 1253 (Fla. 2004). All pending motions are hereby denied. No motion for rehearing will be entertained.
The Court hereby retains jurisdiction to pursue any possible sanctions. See Fla. R. App. P. 9.410(a) (Sanctions; Court's Motion). Petitioner is hereby directed to show cause on or before January 10, 2024, why, pursuant to section 944.279(1), Florida Statutes (2023), a certified copy of the Court's findings should not be forwarded to the appropriate institution for disciplinary procedures pursuant to the rules of the Florida Department of Corrections as provided in section 944.09, Florida Statutes (2023).
CANADY, LABARGA, COURIEL, FRANCIS, and SASSO, JJ., concur.